Happy New 1948!

When a political objective cannot be achieved by respecting the law, then - change the law.

This is precisely the background of the plan by Aleksa Bečić’s Democrats, who, in direct agreement with Andrija Mandić, prepared and quickly suggested to Parliament a Proposal for Amendments to the Law on Internal Affairs.

All of this was done without notice, without public debate, without following procedures in the Government, and without any involvement of the civil society organizations... and also without any consultations with international partners. All of it under the guise of "vetting," which the Democrats advocate for the police. It appears that the law amendments are necessary to complete a politically motivated purge of dissenters and professionals from the Police Administration.

GOOD INTENTIONS...

In the letter signed by Democrat MP Duško Stijepović, it is proposed that the law amendments be adopted under an urgent procedure, supposedly for the benefit of Montenegrin society.

The adoption of this law is based on the strategic need to incorporate the principle of personal and professional accountability into the foundation of police service through a comprehensive mechanism of vetting. Vetting in the police is not a matter of form, but a profound shift in how the state protects the public interest, legality, and the safety of citizens - it is said, in the explanation for the Proposal for Amendments to the Law on Internal Affairs.

At first glance, the Democrats could have good intentions. However, even a superficial analysis of the proposed amendments reveals that Bečić’s and Bogdanović’s party proposes - a blatant violation of both the law and the Constitution of Montenegro.

... OR MALICIOUS INTENTION

The proposal for an addition to Article 214 states that, we quote: “all disciplinary proceedings against police officers that are not legally concluded by the time these amendments come into force shall be suspended.” And then, it is stated that these ongoing disciplinary proceedings – which are not concluded - will be retroactively subject to the provisions of the new law.

The malicious intent of this provision is obvious: retroactivity is explicitly prohibited by the Constitution, and a layman knows it.

But this isn’t about ignorance from people with fake diplomas, but it’s about an attempt to force, no matter what, unconstitutional provisions into the law, enabling the Democrats to more efficiently purge politically unsuitable individuals from the police. Amendments to the Law on Internal Affairs introduce negative security checks as one of the key grounds to dismiss a police officer. Even those who have not been found guilty in disciplinary proceedings, or those whose appeals have already been upheld by the Government’s Disciplinary Commission, due to unlawful actions by Lazar Šćepanović and Minister Danilo Šaranović.

Precisely, the failure of the current vetting process is one of the primary motives behind Bečić’s and the Democrats’ action to initiate these amendments to the Law on Internal Affairs.

SCANDALOUS POLICE INFLUENCE IN POLITICS

If anyone was unclear about what vetting means, directed by the Democrats of Montenegro, now with these changes and additions proposed by Duško Stijepović, Democrats MP - everything is clear: an inappropriate and scandalous political influence in police ranks - says MP Nikola Zirojević from the European Alliance

He points out that the amendments give the Minister of Internal Affairs the authority to decide, without any relevant evidence, whether someone can stay in the Police Administration. Simultaneously, the reports of the National Security Agency (NSA) are being bypassed, which until now were mandatory.

Zirojević states that, according to the sources of that party, the director of NSA Janović did not accept that for the needs of the political party that controls the security sector, “mass-produce security assessments”.

This is a scandalous proposal that I believe will provoke even stronger reactions from our international partners. Combined with the amendments to the Law on Public Gatherings and the proposed amendments to the Law on the National Security Agency, it's clear that at the end of this session, it is tried to seize control of the security sector - concluded Zirojević for TV E.

WHEN THE BADGE "DOESN'T WORK"

The “Badge” operation, initiated in 2024 by Šćepanović and Šaranović to purge political unsuitables from the police, hasn't been going according to plan for a long time.

On the contrary, until now, the Government’s Appeals Commission has overturned more than 40 decisions, which means that nearly every third proceeding was conducted unlawfully. It’s been shown that police officers were judged without evidence, based on arbitrary assessments.

In some cases, false or fabricated security assessments were used, as seen in the cases of former police official Milovan Pavićević or former Berane police commander Marjan Račić.

Fearing imminent criminal complaints that have been announced by the lawyers of affected police officers, the Democrats made a plan to achieve, through legislative changes, what they couldn’t accomplish through lawful disciplinary proceedings - to hand out resignations to all who are politically unsuitable.

DEMOCRATS' STRATEGY

The Democrats’ plan is to suspend all disciplinary proceedings initiated based on security assessments, as those aren’t going as they thought. After the adoption of the amendment to the law, without initiating new disciplinary procedures and based on new powers for all of which the Police Commission gives a negative assessment - they intend to fire individuals.

When experienced police officers with integrity began pointing out the unlawful practices, when their lawyers and the media highlighted the gross procedural violations and denial of the right to defense and response, the disciplinary proceedings started being postponed. That is why it was necessary to urgently introduce changes to the law to allow police leadership to unilaterally determine the fate of police officers.

Thus, one form of legal abuse is being replaced with a worse one: by now, they launched disciplinary proceedings, suspended officers without criminal procedures.

BOGDANOVIĆ’S CONFESSION

Boris Bogdanović unwittingly admitted this today in the Parliament, when he found out that of prosecuted 150 police, only 42 had disciplinary proceedings initiated due to criminal complaints.

This implies that the remaining 110 officers are the targets of - political retaliation by the party that controls the security sector.

Now the Democrats have gone a step further: if “their” amendments to the Law on Internal Affairs are adopted, Bečić’s party, which manages the security sector, will be able to achieve their main objective without disciplinary procedures - the creation of a police force controlled by the party.

The vetting, as currently announced to be implemented in Montenegro, without the change of the Constitution, law, and without the preparation of the Commission that will handle it – represents the direct exercise of power by the parties. Democrats are really doing it: installing ideologically aligned individuals in the security sector. This is not vetting, it’s a direct political interference - said lawyer and civil rights activist Aleksandar Olenik for TV E.

TOTAL PARTY CONTROL

Warnings from legal experts are in vain. So, are assessments that such no legal solution is not known from comparative practice in the surrounding area, and there is no similar example in the European Union countries.

And it's no coincidence that the Democrats, despite Montenegro’s EU aspirations, didn’t seek approval from European partners for these unconstitutional and unlawful provisions.

With support from Mandić’s New Serbian Democracy, the Democrats have chosen scandalous abuse of power to exert party control over the police. Through the amendments, they intend to legalize the suspension of disciplinary procedures, marginalize the role of the National Security Agency in security assessments, and ultimately allow Minister Šaranović and Police Chief Šćepanović to determine who is worthy of the police badge, and who isn’t.

This is how it is imposed – illegally, unconstitutionally - party control over the police, including the power to decide the professional fate of employees in the Police Administration, bypassing both the courts and the National Security Agency.

If the proposed amendments to the Law on Internal Affairs are adopted in Parliament, Montenegro will submit its police and security sector to the control of a single party, a small circle at the top of the Democrats.

That would be a return to one-party rule, and the persecution without a court reminiscent the 1948. The only difference is that Montenegro doesn’t have its own Goli Otok, yet.